To authorize the cancellation of removal and adjustment of status
of certain alien students who are long-term United States residents and who
entered the United States as children, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

May 11, 2011

Mr. BERMAN (for himself, Ms. ROS-LEHTINEN, and Ms. ROYBAL-ALLARD) introduced
the following bill; which was referred to the Committee on the Judiciary,
and in addition to the Committees on Education and the Workforce and Homeland
Security, for a period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the jurisdiction
of the committee concerned

A BILL

To authorize the cancellation of removal and adjustment of status
of certain alien students who are long-term United States residents and who
entered the United States as children, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Development, Relief, and Education for Alien
Minors Act of 2011' or the `DREAM Act of 2011'.

SEC. 2. DEFINITIONS.

In this Act:

(1) IN GENERAL- Except as otherwise specifically provided, a term used in
this Act that is used in the immigration laws shall have the meaning given
such term in the immigration laws.

(2) IMMIGRATION LAWS- The term `immigration laws' has the meaning given
such term in section 101(a)(17) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(17)).

(3) INSTITUTION OF HIGHER EDUCATION- The term `institution of higher education'
has the meaning given that term in section 102 of the Higher Education Act
of 1965 (20 U.S.C. 1002).

(4) SECRETARY- Except as otherwise specifically provided, the term `Secretary'
means the Secretary of Homeland Security.

(5) UNIFORMED SERVICES- The term `uniformed services' has the meaning given
that term in section 101(a) of title 10, United States Code.

SEC. 3. CONDITIONAL PERMANENT RESIDENT FOR CERTAIN LONG-TERM RESIDENTS WHO
ENTERED THE UNITED STATES AS CHILDREN.

(a) Special Rule for Certain Long-Term Residents Who Entered the United States
as Children-

(1) IN GENERAL- Notwithstanding any other provision of law and except as
otherwise provided in this Act, the Secretary may cancel removal of, and
adjust to the status of an alien lawfully admitted for permanent residence
on a conditional basis, an alien who is inadmissible or deportable from
the United States if the alien demonstrates by a preponderance of the evidence
that--

(A) the alien has been physically present in the United States for a continuous
period of not less than 5 years before the date of the enactment of this
Act, and was 15 years of age or younger on the date the alien initially
entered the United States;

(B) the alien has been a person of good moral character since the date
the alien initially entered the United States;

(C) subject to paragraph (2), the alien is not inadmissible under paragraph
(2), (3), (4), (6)(E), (6)(G), (8), or subparagraph (A), (C), or (D) of
paragraph (10), of section 212(a) of the Immigration and Nationality Act
(8 U.S.C. 1182(a));

(D) the alien has been admitted to an institution of higher education
in the United States, or has earned a high school diploma or obtained
a general education development certificate in the United States; and

(E) the alien was 32 years of age or younger on the date of the enactment
of this Act.

(2) WAIVER- With respect to any benefit under this Act, the Secretary may
waive the grounds of ineligibility under section 212(a)(2) of the Immigration
and Nationality Act, for humanitarian purposes, for purposes of family unity,
or when it is otherwise in the public interest.

(3) SUBMISSION OF BIOMETRIC AND BIOGRAPHIC DATA- The Secretary may not grant
permanent resident status on a conditional basis to an alien under this
section unless the alien submits biometric and biographic data, in accordance
with procedures established by the Secretary. The Secretary shall provide
an alternative procedure for applicants who are unable to provide such biometric
or biographic data because of a physical impairment.

(4) BACKGROUND CHECKS-

(A) REQUIREMENT FOR BACKGROUND CHECKS- The Secretary shall utilize biometric,
biographic, and other data that the Secretary determines is appropriate--

(i) to conduct security and law enforcement background checks of an
alien seeking permanent resident status on a conditional basis under
this section; and

(ii) to determine whether there is any criminal, national security,
or other factor that would render the alien ineligible for such status.

(B) COMPLETION OF BACKGROUND CHECKS- The security and law enforcement
background checks required by subparagraph (A) for an alien shall be completed,
to the satisfaction of the Secretary, prior to the date the Secretary
grants permanent resident status on a conditional basis to the alien.

(5) MEDICAL EXAMINATION- An alien applying for permanent resident status
on a conditional basis under this section shall undergo a medical examination.
The Secretary, with the concurrence of the Secretary of Health and Human
Services, shall prescribe policies and procedures for the nature and timing
of such examination.

(6) MILITARY SELECTIVE SERVICE- An alien applying for permanent resident
status on a conditional basis under this section shall establish that the
alien has registered under the Military Selective Service Act (50 U.S.C.
App. 451 et seq.), if the alien is subject to such registration under that
Act.

(b) Termination of Continuous Period- Any period of continuous residence or
continuous physical presence in the United States of an alien who applies
for permanent resident status on a conditional basis under this section shall
not terminate when the alien is served a notice to appear under section 239(a)
of the Immigration and Nationality Act (8 U.S.C. 1229(a)).

(c) Treatment of Certain Breaks in Presence-

(1) IN GENERAL- An alien shall not be considered to have failed to maintain
continuous physical presence in the United States for purposes of subsection
(a)(1)(A) by virtue of brief, casual, and innocent absences from the United
States.

(2) WAIVER- The Secretary of Homeland Security may waive breaks in presence
beyond brief, casual, or innocent absences for humanitarian purposes, family
unity, or when it is otherwise in the public interest.

(d) Exemption From Numerical Limitations- Nothing in this section may be construed
to apply a numerical limitation on the number of aliens who may be eligible
for cancellation of removal or adjustment of status under this section.

(e) Application-

(1) IN GENERAL- An alien seeking lawful permanent resident status on a conditional
basis shall file an application for such status in such manner as the Secretary
may require.

(2) DEADLINE FOR SUBMISSION OF APPLICATION- An alien shall submit an application
for relief under this section not later than the date that is 1 year after
the later of--

(A) the date the alien earned a high school diploma or obtained a general
education development certificate in the United States; or

(B) the effective date of the final regulations issued pursuant to section
7.

(f) Limitation on Removal of Certain Aliens-

(1) IN GENERAL- The Secretary or the Attorney General may not remove an
alien who--

(A) has a pending application for relief under this section; and

(B) establishes prima facie eligibility for relief under this section.

(2) CERTAIN ALIENS ENROLLED IN PRIMARY OR SECONDARY SCHOOL-

(A) STAY OF REMOVAL- The Attorney General shall stay the removal proceedings
of an alien who--

(i) meets all the requirements of subparagraphs (A), (B), (C), and (E)
of subsection (a)(1);

(ii) is at least 12 years of age; and

(iii) is enrolled full-time in a primary or secondary school.

(B) ALIENS NOT IN REMOVAL PROCEEDINGS- If an alien is not in removal proceedings,
the Secretary shall not commence such proceedings with respect to the
alien if the alien is described in clauses (i) through (iii) of subparagraph
(A).

(C) EMPLOYMENT- An alien whose removal is stayed pursuant to subparagraph
(A) or who may not be placed in removal proceedings pursuant to subparagraph
(B) shall, upon application to the Secretary, be granted an employment
authorization document.

(D) LIFT OF STAY- The Secretary or Attorney General may lift the stay
granted to an alien under subparagraph (A) if the alien--

(i) is no longer enrolled in a primary or secondary school; or

(ii) ceases to meet the requirements of such paragraph.

SEC. 4. TERMS OF CONDITIONAL PERMANENT RESIDENT STATUS.

(a) In General-

(1) CONDITIONAL BASIS FOR STATUS- Notwithstanding any other provision of
law, an alien whose status has been adjusted under section 3 to that of
an alien lawfully admitted for permanent residence shall be considered to
have obtained such status on a conditional basis subject to the provisions
of this section. Such conditional permanent resident status shall be valid
for a period of 6 years, subject to termination under subsection (b).

(2) NOTICE OF REQUIREMENTS-

(A) AT TIME OF OBTAINING PERMANENT RESIDENCE- At the time an alien obtains
permanent resident status on a conditional basis under this Act, the Secretary
of Homeland Security shall provide for notice to the alien regarding the
provisions of this section and the requirements to have the conditional
basis of such status removed.

(B) EFFECT OF FAILURE TO PROVIDE NOTICE- The failure of the Secretary
to provide a notice under this paragraph--

(i) shall not affect the enforcement of the provisions of this Act with
respect to the alien; and

(ii) shall not give rise to any private right of action by the alien.

(b) Termination of Status-

(1) IN GENERAL- The Secretary of Homeland Security shall terminate the conditional
permanent resident status of any alien who obtained such status under this
Act, if the Secretary determines that the alien--

(A) ceases to meet the requirements of subparagraph (B) or (C) of section
3(a)(1); or

(B) has received a dishonorable or other than honorable discharge from
the uniformed services.

(c) Information Systems- The Secretary shall use the information systems of
the Department of Homeland Security to maintain current information on the
identity, address, and immigration status of aliens granted permanent resident
status on a conditional basis under this Act.

SEC. 5. REMOVAL OF CONDITIONAL BASIS OF PERMANENT RESIDENT STATUS.

(a) Eligibility for Removal of Conditional Basis-

(1) IN GENERAL- Subject to paragraph (2), the Secretary may remove the conditional
basis of an alien's permanent resident status granted under this Act if
the alien demonstrates by a preponderance of the evidence that--

(A) the alien has been a person of good moral character during the entire
period of conditional permanent resident status;

(B) the alien is described in section 3(a)(1)(C);

(C) the alien has not abandoned the alien's residence in the United States;

(D) the alien--

(i) has acquired a degree from an institution of higher education in
the United States or has completed at least 2 years, in good standing,
in a program for a bachelor's degree or higher degree in the United
States; or

(ii) has served in the Uniformed Services for at least 2 years and,
if discharged, received an honorable discharge; and

(E) the alien has provided a list of each secondary school (as that term
is defined in section 9101 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7801)) that the alien attended in the United States.

(2) HARDSHIP EXCEPTION-

(A) IN GENERAL- The Secretary may, in the Secretary's discretion, remove
the conditional basis of an alien's permanent resident status if the alien--

(ii) demonstrates compelling circumstances for the inability to satisfy
the requirements of subparagraph (D) of such paragraph; and

(iii) demonstrates that the alien's removal from the United States would
result in extreme hardship to the alien or the alien's spouse, parent,
or child who is a citizen or a lawful permanent resident of the United
States.

(B) EXTENSION- Upon a showing of good cause, the Secretary may extend
the period of permanent resident status on a conditional basis for an
alien so that the alien may complete the requirements of subparagraph
(D) of paragraph (1).

(3) TREATMENT OF ABANDONMENT OR RESIDENCE- For purposes of paragraph (1)(C),
an alien--

(A) shall be presumed to have abandoned the alien's residence in the United
States if the alien is absent from the United States for more than 365
days, in the aggregate, during the alien's period of conditional permanent
resident status, unless the alien demonstrates to the satisfaction of
the Secretary that the alien has not abandoned such residence; and

(B) who is absent from the United States due to active service in the
Uniformed Services has not abandoned the alien's residence in the United
States during the period of such service.

(4) CITIZENSHIP REQUIREMENT-

(A) IN GENERAL- Except as provided in subparagraph (B), the conditional
basis of an alien's permanent resident status may not be removed unless
the alien demonstrates that the alien satisfies the requirements of section
312(a) of the Immigration and Nationality Act (8 U.S.C. 1423(a)).

(B) EXCEPTION- Subparagraph (A) shall not apply to an alien who is unable
because of a physical or developmental disability or mental impairment
to meet the requirements of such subparagraph.

(5) SUBMISSION OF BIOMETRIC AND BIOGRAPHIC DATA- The Secretary may not remove
the conditional basis of an alien's permanent resident status unless the
alien submits biometric and biographic data, in accordance with procedures
established by the Secretary. The Secretary shall provide an alternative
procedure for applicants who are unable to provide such biometric data because
of a physical impairment.

(6) BACKGROUND CHECKS-

(A) REQUIREMENT FOR BACKGROUND CHECKS- The Secretary shall utilize biometric,
biographic, and other data that the Secretary determines appropriate--

(i) to conduct security and law enforcement background checks of an
alien applying for removal of the conditional basis of the alien's permanent
resident status; and

(ii) to determine whether there is any criminal, national security,
or other factor that would render the alien ineligible for removal of
such conditional basis.

(B) COMPLETION OF BACKGROUND CHECKS- The security and law enforcement
background checks required by subparagraph (A) for an alien shall be completed,
to the satisfaction of the Secretary, prior to the date the Secretary
removes the conditional basis of the alien's permanent resident status.

(b) Application To Remove Conditional Basis-

(1) IN GENERAL- An alien seeking to have the conditional basis of the alien's
lawful permanent resident status removed shall file an application for such
removal in such manner as the Secretary may require.

(2) DEADLINE FOR SUBMISSION OF APPLICATION-

(A) IN GENERAL- An alien shall file an application under this subsection
during the period beginning 6 months prior to and ending on the date that
is later of--

(i) 6 years after the date the alien was initially granted conditional
permanent resident status; or

(ii) any other expiration date of the alien's conditional permanent
resident status, as extended by the Secretary in accordance with this
Act.

(B) STATUS DURING PENDENCY- An alien shall be deemed to have permanent
resident status on a conditional basis during the period that the alien's
application submitted under this subsection is pending.

(3) ADJUDICATION OF APPLICATION-

(A) IN GENERAL- The Secretary shall make a determination on each application
filed by an alien under this subsection as to whether the alien meets
the requirements for removal of the conditional basis of the alien's permanent
resident status.

(B) ADJUSTMENT OF STATUS IF FAVORABLE DETERMINATION- If the Secretary
determines that the alien meets such requirements, the Secretary shall
notify the alien of such determination and remove the conditional basis
of the alien's permanent resident status, effective as of the date of
such determination.

(C) TERMINATION IF ADVERSE DETERMINATION- If the Secretary determines
that the alien does not meet such requirements, the Secretary shall notify
the alien of such determination and, if the alien no longer meets the
requirements for permanent resident status on a conditional basis under
this Act, terminate the conditional permanent resident status granted
the alien under this Act as of the date of such determination.

(c) Treatment for Purposes of Naturalization-

(1) IN GENERAL- For purposes of title III of the Immigration and Nationality
Act (8 U.S.C. 1401 et seq.), an alien granted permanent resident status
on a conditional basis under this Act shall be considered to have been admitted
as an alien lawfully admitted for permanent residence and to be in the United
States as an alien lawfully admitted to the United States for permanent
residence.

(2) LIMITATION ON APPLICATION FOR NATURALIZATION- An alien may not apply
for naturalization during the period that the alien is in permanent resident
status on a conditional basis under this Act.

SEC. 6. CONFIDENTIALITY OF INFORMATION.

(a) Prohibition- Except as provided in subsection (b), no officer or employee
of the United States may--

(1) use the information furnished by the applicant pursuant to an application
filed under this Act to initiate removal proceedings against any persons
identified in the application;

(2) make any publication whereby the information furnished by any particular
individual pursuant to an application under this Act can be identified;
or

(3) permit anyone other than an officer or employee of the United States
Government or, in the case of applications filed under this Act with a designated
entity, that designated entity, to examine applications filed under this
Act.

(b) Required Disclosure- The Attorney General or the Secretary of Homeland
Security shall provide the information furnished under this section, and any
other information derived from such furnished information, to--

(1) a Federal, State, tribal, or local law enforcement agency, intelligence
agency, national security agency, component of the Department of Homeland
Security, court, or grand jury in connection with a criminal investigation
or prosecution, a background check conducted pursuant to section 103 of
the Brady Handgun Violence Protection Act (Public Law 103-159; 18 U.S.C.
922 note), or national security purposes, if such information is requested
by such entity or consistent with an information sharing agreement or mechanism;
or

(2) an official coroner for purposes of affirmatively identifying a deceased
individual (whether or not such individual is deceased as a result of a
crime).

(c) Fraud in Application Process or Criminal Conduct- Notwithstanding any
other provision of this section, information concerning whether an alien seeking
relief under this Act has engaged in fraud in an application for such relief
or at any time committed a crime may be used or released for immigration enforcement,
law enforcement, or national security purposes.

(d) Penalty- Whoever knowingly uses, publishes, or permits information to
be examined in violation of this section shall be fined not more than $10,000.

SEC. 7. REGULATIONS.

(a) Initial Publication- Not later than 180 days after the date of the enactment
of this Act, the Secretary shall publish regulations implementing this Act.
Such regulations shall allow eligible individuals to apply affirmatively for
the relief available under section 3 without being placed in removal proceedings.

(b) Interim Regulations- Notwithstanding section 553 of title 5, United States
Code, the regulations required by subsection (a) shall be effective, on an
interim basis, immediately upon publication but may be subject to change and
revision after public notice and opportunity for a period of public comment.

(c) Final Regulations- Within a reasonable time after publication of the interim
regulations in accordance with subsection (b), the Secretary shall publish
final regulations implementing this Act.

(d) Paperwork Reduction Act- The requirements of chapter 35 of title 44, United
States Code (commonly known as the `Paperwork Reduction Act') shall not apply
to any action to implement this Act.

SEC. 8. HIGHER EDUCATION ASSISTANCE.

(a) In General- Notwithstanding any provision of the Higher Education Act
of 1965 (20 U.S.C. 1001 et seq.) or any provision of title IV of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1601
et seq.), with respect to Federal financial education assistance, an alien
who is lawfully admitted for permanent residence under this Act and has not
had the conditional basis removed shall not be eligible for--

(1) Federal Pell grants under part A of title IV of the Higher Education
Act of 1965 (20 U.S.C. 1070a et seq.); and

(2) Federal supplemental educational opportunity grants under part A of
title IV of that Act (20 U.S.C. 1070b et seq.).

(b) Restoration of State Right To Determine Residency for Purposes of Higher
Education Benefits-